Subdivision, Annexation & Rezoning: Aspire Subdivision 110 Sommers Street

Update: This subdivision, annexation, and rezoning was approved on August 26, 2024.

PROJECT DESCRIPTION:

Development Services received a request from 406 Engineering, Inc., on behalf of Denova Northwest, for annexation of 35.28 acres of land, a 182-lot major subdivision, and rezoning located at 110 Sommers Street in East Missoula. The property abuts existing residential development to the west and north, the Clark Fork River to the east, and Interstate 90 to the south. It was historically used for agriculture and includes two residences and a kennel that are no longer occupied.

The property consists of eight existing tracts of record described as Tracts 1, 2, 3, 4, and 5 of Certificate of Survey No. 6629, Tracts 7 and 8 of Certificate of Survey No. 5298, and Tract A of Certificate of Survey No. 6338, all located in Section 19, Township 13 North, Range 18 West and Section 24, Township 13 North, Range 19 West.

The property is currently located outside of Missoula city limits and is zoned Residential (R) in Missoula County. In conjunction with annexing the property into the City of Missoula, the proposal includes a request to zone the subject property to the City’s RT5.4 Residential 5.4 (two-unit/townhouse) and apply a new Aspire Neighborhood Character Overlay zoning district. The RT5.4 zoning district permits detached houses, lot-line houses, two-unit townhouses, and two-unit houses.

The Aspire Neighborhood Character Overlay would expand the allowed uses to include multi-dwelling buildings on 10 lots (Lots 58-67) near the southern boundary of the subdivision. The overlay would also reduce front, rear, and side building setbacks throughout the subdivision and increase the percentage of front yards that may be used for parking or vehicular use. The stated intent of the overlay is to allow the creation of a variety of housing options for varying income levels within a cohesive neighborhood in compliance with the Residential Medium Density (3 – 11 dwelling units per acre) land use designation on the property under the City’s 2035 Our Missoula Growth Policy. If developed as proposed, the subdivision would result in approximately 7 dwelling units per acre.

The subdivision includes two public park areas including a 2.4-acre linear park with an 8-foot wide pedestrian path proposed along the top of the Clark Fork River bank and a 1.73-acre park abutting the existing Missoula County Canyon View Park at the subdivision’s west boundary.

The subdivision includes eight variance requests from the City Subdivision Regulations relating to reduced street right-of-way widths, eliminating a sidewalk along one side of a street for 460 feet, extending the maximum block lengths in several locations, and allowing alleys to provide primary vehicular access to three lots.

PROJECT APPLICATION LINKS:

The application, preliminary plat, and other materials can be viewed here: https://www.ci.missoula.mt.us/3310/Aspire-Subdivision

PROJECT TIMELINE:

Developer Sponsored Neighborhood Meeting: June 27, 2024 6:00 – 7:30 PM at Mount Jumbo School

City Council Consent Agenda: July 15, 2024 at 6:00 PM – Resolution of intent to annex, first reading of a zoning ordinance, and refer the item to the City Council Land Use and Planning Committee

Planning Board: July 16, 2024 at 6:00 PM – Planning Board Public Hearing

Planning Board Continued: August 6, 2024 at 6:00 PM – Planning Board Public Hearing

Land Use and Planning Committee: August 7, 2024 at TBD – Informational Item (no decision)

City Council: August 12, 2024 at 6:00 PM – City Council Public Hearing

All meetings will be held in a hybrid format, with the option to attend in-person or virtually via Microsoft TEAMs.

The Planning Board public hearing will be held in the Sophie Moiese conference room in the Missoula County Courthouse (200 W Broadway St.) Planning Board meeting agendas and information will be posted here: https://missoulacomt.portal.civicclerk.com/?category_id=33

City Council meetings will be held in City Council Chambers (140 W Pine St.) Meeting agendas and information will be posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes

PROJECT COMMENT DEADLINE:

Public comment will be taken by City Council until the public hearings are closed. Comments can be submitted through Engage Missoula, via email to the planner noted below, by mailing in a letter to the City of Missoula Development Services office at 435 Ryman Street, Missoula, MT 59802, or during the public meetings. Provide your comment by Tuesday July 9, 2024, to be included in the staff report provided to the Planning Board. Your comments will be considered by City Council in their decision to approve or deny this request.

PROJECT PLANNERs:

The project planners are Dave DeGrandpre, who can be reached at (406) 552-6633 or degrandpred@ci.missoula.mt.us and Kristin Spadafore, who can be reached at (406) 552-6152 or spadaforek@ci.missoula.mt.us.

REVIEW CRITERIA FOR ZONING AMENDMENTS (RE-ZONING):

City Council may either approve or deny the request. Standard zoning districts cannot be conditioned.

Title 20.85.040.G Review Criteria

In reviewing and making decisions on zoning amendments, the zoning officer, Planning Board and City Council must consider at least the following criteria:

1. Whether the proposed zoning amendment is consistent with MCA § 76-2-304:
   1. Whether the zoning is made in accordance with a growth policy;
   2. Whether the zoning is designed to secure safety from fire and other dangers;
   3. Whether the zoning is designed to promote public health, public safety , and the general welfare;
   4. Whether the zoning is designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements;
   5. Whether the zoning considers the reasonable provision of adequate light and air;
   6. Whether the zoning considers the effect on motorized and nonmotorized transportation systems;
   7. Whether the zoning considers the promotion of compatible urban growth;
   8. Whether the zoning considers the character of the district and its peculiar suitability for particular uses; and
   9. Whether the zoning conserves the value of buildings and encourages the most appropriate use of land throughout the jurisdictional area.
2. Whether the proposed zoning amendment corrects an error or inconsistency in the zoning ordinance or meets the challenge of a changing condition;
3. Whether the proposed zoning amendment is in the best interests of the city as a whole.

Title 20.85.040.H Protest Provisions

1. A formal protest petition opposing a zoning amendment must be submitted to the zoning officer or on the public record before the City Council's vote, allowing sufficient time for the city clerk to determine the validity of the petition.
2. A protest petition will be considered "valid" if it is signed by the owners of 25% or more of:
   1. The area of the parcels that are the subject of the proposed change; or
   2. The parcels or units, as defined in MCA § 70-23-102, within 150 feet of the parcel that is the subject of the proposed change. The area per unit to be included in the calculation of the protest shall be determined per MCA § 76-2-305.
3. When a valid protest petition has been submitted, approval of a zoning amendment requires a two-thirds majority vote of those City Council members present and voting.

REVIEW CRITERIA FOR SUBDIVISIONS:

City Council may either approve, approve with conditions, or deny the request.

4-010.14.A. Prerequisites for Approval.

The City Council may not approve or conditionally approve a subdivision application and preliminary plat unless the proposed subdivision:

• Provides easements for the location and installation of any planned utilities;
• Provides legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel;
• Assures that all required public improvements will be installed before final plat approval, or that such installation after final plat approval will be guaranteed as provided by Article 5 of the subdivision regulations; and
• Will comply with the requirements of Montana Code Annotated 76-3-504 regarding the disclosure and disposition of water rights.

4-010.14.B. Consideration - Standards.

In approving, conditionally approving or denying a subdivision application and preliminary plat, the City Council must consider whether the proposed subdivision complies with:

• The City of Missoula Subdivision Regulations including but not limited to the design standards set forth in Article 3;
• Applicable zoning regulations;
• Any other applicable local, state, and federal regulations; and
• The Montana Subdivision and Planning Act, including but not limited to the following impacts:
  1. Impact on agriculture;
  2. Impact on agriculture water user facilities;
  3. Impact on local services;
  4. Impact on the natural environment;
  5. Impact on wildlife;
  6. Impact on wildlife habitat; and
  7. Impact on public health and safety.